Drowning is Preventable in Most Cases
Wrongful death drowning cases are very sad. Often they involve children or vulnerable adults. Many times a simple life jacket could have prevented the tragedy. Most drowning cases occur in pools and in boating incidents. There are also bathtub and whirlpool hazards as well. Sometimes medication or the use of alcohol or drugs can also contribute to the risk of drowning.
According to the CDC, every year in the United States there are an estimated: 4,000* fatal unintentional drownings—that is an average of 11 drowning deaths per day. Children ages 1–4 have the highest drowning rates. Most drownings in children 1–4 happen in swimming pools. Drowning can happen even when children are not expected to be near water, such as when they gain unsupervised access to pools. Fatal drowning is the leading cause of death for children 1-4 and the second leading cause of unintentional injury death for children 5-14, behind motor vehicle crashes.
Also at higher risk are men, nearly 80% of people who die from drowning are male.1 Many factors might contribute to higher rates of drowning among males, including increased exposure to water, risk-taking behaviors, and alcohol use.
Neglect Leads to Legal Exposure
Parties that have agree to supervise the public, children, elderly, etc. have assumed a duty act in a reasonable manner and take safety precautions to prevent harm including drowning. A homeowner must foresee that children may want to enter their pool and they should install a fence and alarm. Boat owners must ensure that all passengers are complying with the law and wear safety floatation devices in the event they are thrown from the boat. Public pools must have adequate floatation, life saving devices, pool rules, and supervision to protect children and others from drowning. Pools must also ensure that their drainage and chemical treatment equipment is properly working and safe.